In California, the desire to do something about child abuse, fanned by repeated and often sensational media coverage, has led to an understandable but counterproductive overreaction on the part of professionals and citizens reporting suspected child abuse. Child protective agencies receive an average of one report a minute. There are over 300,000…

The degree of proof needed for conviction in a criminal action (which is "proof beyond a reasonable doubt") is greater than the proof needed to obtain a judgment in a teacher-dismissal civil action (which is "a preponderance of the evidence"). (Author)

In Tarasoff v. Regents of the University of California the court ruled that a psychotherapist is obliged to warn third persons of threats made against them during therapy. Substantive background of this legislation; the nature of the psychotherapeutic relationship, confidentiality, and patients' rights; and the Lanterman-Petris-Short Act are…

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

Intended for parents of handicapped children, the booklet discusses parental rights in New Jersey regarding their child's education. Covered are the following topic areas (sample subtopics in parentheses): legal provisions (free appropriate public education, evaluation, classification, individualized education programs, placement); right to be…

The study reviewed the legal relationship between the National Collegiate Athletic Association (NCAA) and its member institutions and the national reform movement in intercollegiate athletics, and proposed legislation that would mandate due process guarantees in all association proceedings with its member institutions. Legal research confirmed…

This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

The most likely legal issues to arise concerning charter schools include teacher employment and qualification issues, liability concerns, special-needs student issues, due process, religious issues, and contract rules. School leaders can head off problems by clarifying who is in charge, spelling out the mission statement, and dealing up front with…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

This monograph details, in question-and-answer format, the rights of students and the responsibilities of guidance counselors under federal and Colorado state law. Prominent topics include: Confidentiality of student records, freedom of information, the boundaries separating the rights of students, the rights of parents, and the rights of school…

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

State profiles on youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts. This volume contains profiles for the North Central states of Illinois, Indiana, Iowa, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. The first part of each state profile…

State profiles of youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts, This volume contains profiles for the Northeastern states of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. The first part of each…

State profiles of youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts. This volume contains profiles for the South Central states of Arkansas, Colorado, Kansas, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, and Texas. The first part of each state profile describes the…

State profiles of youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts. This volume contains profiles for the Western states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. The first part of each state profile describes the…